Learning From Microsoft On Doing Business In Europe

Law360, New York (October 4, 2007, 12:00 AM EDT) -- The September 17th judgment of the Court of First Instance (“CFI”) in the Microsoft case represents a resounding victory for the Commission and a serious defeat for Microsoft. This article examines the background to the judgment, its impact on the EU competition law proceeding against Microsoft, and more generally on enforcement in Article 82 abuse of dominance cases, especially in the high tech sector.

* Background *

The stakes for the Commission in the Microsoft appeal were extremely high. The case represented the highest profile and...